A Legal Geography of Prison and Other Carceral Spaces

Abstract

As scholars apply the concept of “the carceral” to more and increasingly diffuse spaces of containment, displacement, and cordoning across free society, I call for a means by which “carcerality” is measured and understood as a productive force in the denial of constitutional rights and protections. I therefore provide a legal reading of carcerality, which establishes prisons as the sine qua non of the carceral landscape, preceded by an analysis of how the reliance on civil law, nuisance ordinances, and other methods of constitutional circumvention in the absence of criminal procedure works within the public sphere to punish residents residing within what Foucault called the carceral archipelago. Along the way I provide vignettes about my own experience with the legal and insidious forms of criminalisation and non‐criminal punishment that comprise the carceral continuum.